Turner v. City Of New York et al
| Shamar Turner |
| The City Of New York,, Bronx Community College Public Safety Officers John Does #1-6, Bronx Community College Public Safety Officer Investigator Alexandra Torres, New York City Police Officer Detective William Seligson, Bronx Community College Public Safety Officer Sergeant Pedro Soto, The New York Police Department, Bronx Community College Public Safety Officer Corporal Sixto Velasquez, Bronx Community College Public Safety Officer Investigator Angel Irizary, Bronx Community College Public Safety Officer Lieutenant Saul Fraguada, City Of New York and New York City Police Department |
| 1:2018cv09626 |
| October 19, 2018 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 49 NOTICE OF APPEARANCE by Kathleen Deborah Reilly on behalf of Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), Bronx Community College Public Safety Officers John Does #1-6(In Their Individual Capacities), Bronx Community College Public Safety Officers John Does #1-6(In Their Official Capacities), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson. (Reilly, Kathleen) |
| Filing 48 CLERK'S JUDGMENT re: #47 Order on Motion for Summary Judgment. in favor of Bronx Community College Public Safety Officer Corporal Sixto Velasquez, Bronx Community College Public Safety Officer Investigator Alexandra Torres, Bronx Community College Public Safety Officer Investigator Angel Irizary, Bronx Community College Public Safety Officer Lieutenant Saul Fraguada, Bronx Community College Public Safety Officer Sergeant Pedro Soto, Bronx Community, City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson against Shamar Turner. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated November 18, 2019, defendants' motion for summary judgment is granted in its entirety; judgment is entered for defendants, and this case is closed. (Signed by Clerk of Court Ruby Krajick on 11/21/2019) (Attachments: #1 Notice of Right to Appeal)(dt) |
Filing 47
MEMORANDUM AND ORDER granting #34 Motion for Summary Judgment. For the foregoing reasons, the Court grants defendants' motion for summary judgment in its entirety. The Clerk of Court is respectfully directed to enter judgment for defendants, terminate the motion pending at docket entry 34, and close this case. (Signed by Judge Naomi Reice Buchwald on 11/18/2019) (kv) Transmission to Orders and Judgments Clerk for processing.
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| Filing 46 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION for Summary Judgment . . Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson. (Shah, Nakul) |
| Filing 45 RULE 56.1 STATEMENT. Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson. (Shah, Nakul) |
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Filing 44
ORDER granting #43 Letter Motion for Extension of Time to File Response/Reply. So Ordered. (Signed by Judge Naomi Reice Buchwald on 10/3/2019) (rro)
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| Filing 43 LETTER MOTION for Extension of Time to File Response/Reply From October 4, 2019, to October 9, 2019 addressed to Judge Naomi Reice Buchwald from Nakul Y. Shah dated October 3, 2019. Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson.(Shah, Nakul) |
| Filing 42 LETTER addressed to Judge Naomi Reice Buchwald from Nicholas Mindicino dated September 20, 2019 re: Summarizing Plaintiff's opposition to defendants' motion for summary judgment. Document filed by Shamar Turner.(Mindicino, Nicholas) |
| Filing 41 COUNTER STATEMENT TO #36 Rule 56.1 Statement,,,,. Document filed by Shamar Turner. (Mindicino, Nicholas) |
| Filing 40 DECLARATION of Nicholas Mindicino in Opposition re: #34 MOTION for Summary Judgment .. Document filed by Shamar Turner. (Attachments: #1 Exhibit A)(Mindicino, Nicholas) |
| Filing 39 MEMORANDUM OF LAW in Opposition re: #34 MOTION for Summary Judgment . . Document filed by Shamar Turner. (Mindicino, Nicholas) |
| Filing 38 LETTER addressed to Judge Naomi Reice Buchwald from Nakul Y. Shah dated August 23, 2019 re: Letter Setting Forth the Basis of Defendants' Motion for Summary Judgment. Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson.(Shah, Nakul) |
| Filing 37 MEMORANDUM OF LAW in Support re: #34 MOTION for Summary Judgment . . Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson. (Shah, Nakul) |
| Filing 36 RULE 56.1 STATEMENT. Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson. (Shah, Nakul) |
| Filing 35 DECLARATION of Nakul Y. Shah in Support re: #34 MOTION for Summary Judgment .. Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson. (Attachments: #1 Exhibit A: A True and Correct Copy of the City University of New York Department of Public Safety Written Statement Form, Case No. 2015-01075, #2 Exhibit B: A True and Correct Copy of Bronx Community College Department of Public Safety Incident Report, No. 2015-01075, #3 Exhibit C: A True and Correct Copy of Excerpts of Video Surveillance Footage from the BCC Department of Public Safety, Captured on or About October 22, 2015, #4 Exhibit D: A True and Correct Copy of Plaintiffs Verified Complaint, Dated October 19, 2018, Which Was Filed in the United States District Court for the Southern District of New, #5 Exhibit E: A True and Correct Copy of the Arrest Report for Plaintiff Shamar Turner, Dated October 22, 2015, #6 Exhibit F: A True and Correct Copy of Indictment No. 3192-2015, Filed in the Supreme Court of the State of New York, County of Bronx, #7 Exhibit G: Is a True and Correct Copy of the Decision & Order by the Honorable Lester B. Adler of the Supreme Court of the State of New York, County of Bronx: Part 21, Indictment No. 3192-2015, Dated May 18, 2018, #8 Exhibit H: A True and Correct Copy of the Certificate of Disposition in the Matter of the People of the State of New York v. Shamar Turner, Docket No. 2015bx050819)(Shah, Nakul) |
| Filing 34 MOTION for Summary Judgment . Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson.(Shah, Nakul) |
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Filing 33
MEMO ENDORSEMENT: on re: #32 Letter filed by Bronx Community College Public Safety Officer Lieutenant Saul Fraguada, Bronx Community College Public Safety Officer Corporal Sixto Velasquez, Bronx Community College Public Safety Officer Investigator Alexandra Torres, New York City Police Officer Detective William Seligson, City Of New York, New York City Police Department, Bronx Community College Public Safety Officer Sergeant Pedro Soto, Bronx Community College Public Safety Officer Investigator Angel Irizary. ENDORSEMENT: SO ORDERED., ( Motions due by 8/23/2019., Responses due by 9/20/2019, Replies due by 10/4/2019.) (Signed by Judge Naomi Reice Buchwald on 7/08/2019) (ama)
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| Filing 32 LETTER addressed to Judge Naomi Reice Buchwald from Nakul Y. Shah dated July 3, 2019 re: Respectfully Proposing a Briefing Schedule with Respect to Defendants' Anticipated Motion for Summary Judgment. Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson.(Shah, Nakul) |
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Filing 31
ORDER terminating #29 Letter Motion for Conference. Having reviewed the parties' pre-motion letters dated June 14, 2019 and June 19, 2019, the Court has determined that the defendants may bring their motion without the necessity of a pre-motion conference. The parties should confer on a briefing schedule agreeable to both sides, in which no more than sixty (60} days elapse from the filing of the defendants' motion to the filing of the defendants' reply. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/25/2019) (kv)
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| Filing 30 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Nicholas Mindicino dated June 19, 2019 re: #29 LETTER MOTION for Conference in Anticipation of Defendants' Motion for Summary Judgment addressed to Judge Naomi Reice Buchwald from Nakul Y. Shah dated June 14, 2019. . Document filed by Shamar Turner. (Mindicino, Nicholas) |
| Filing 29 LETTER MOTION for Conference in Anticipation of Defendants' Motion for Summary Judgment addressed to Judge Naomi Reice Buchwald from Nakul Y. Shah dated June 14, 2019. Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson.(Shah, Nakul) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Initial Pretrial Conference held on 6/11/2019. (ade) |
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Filing 28
NOTICE OF INITIAL PRETRIAL CONFERENCE: granting #27 Letter Motion for Conference. Counsel are directed to appear for an initial pretrial conference with the Court, at the time and place listed below. Date and place of conference: June 11, 2019 at 3:30 p.m. at the United States Court House, 500 Pearl Street, New York, New York, in Courtroom 21A. And as set forth herein. IT IS SO ORDERED. Initial Conference set for 6/11/2019 at 03:30 PM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 5/21/2019) (ama)
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| Filing 27 JOINT LETTER MOTION for Conference In Light of the Fact That the Parties Were Unsuccessful in Resolving This Matter in Mediation addressed to Judge Naomi Reice Buchwald from Nakul Y. Shah dated May 20, 2019. Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson.(Shah, Nakul) |
| Mediator Session Held on 4/17/19 at 40 Foley Square.(ah) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 4/17/19, 10:00 AM at 40 Foley Square Courthouse.(ms) |
| Filing 25 NOTICE OF APPEARANCE by Nicholas Henry Mindicino on behalf of Shamar Turner. (Mindicino, Nicholas) |
| Filing 24 ANSWER to #4 Complaint,,,,, with JURY DEMAND. Document filed by Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity).(Shah, Nakul) |
| Filing 23 NOTICE OF APPEARANCE by Paul V. Prestia on behalf of Shamar Turner. (Prestia, Paul) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(mf) |
| Filing 22 ANSWER to #4 Complaint,,,,, with JURY DEMAND. Document filed by City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson.(Shah, Nakul) |
| LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) 100-DAY REVIEW: The mediator shall be available to the parties throughout the discovery phase of the Rule and shall schedule and hold the first mediation session in the case within ten (10) days of the close of the discovery period. In the event that the mediation cannot begin within the time set forth herein, the assigned mediator shall promptly notify the Mediation Supervisor of the date by which the mediation will begin and the reason for the delay. The mediator shall correspond with the Mediation Office to arrange a mutually convenient date and time to hold the first session. 1983-Plan Review due by 4/29/2019. Mediator to be Assigned by 1/28/2019.(mf) |
| NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(mf) |
| Filing 21 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,, served. Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity) served on 1/8/2019, answer due 1/29/2019. Service was accepted by Grisselle N., Authorized to Accept. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 20 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,, served. Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity) served on 1/8/2019, answer due 1/29/2019. Service was accepted by Grisselle N., Authorized to Accept. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 19 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,, served. Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity) served on 1/8/2019, answer due 1/29/2019. Service was accepted by Grisselle N., Authorized to Accept. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 18 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,, served. Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity) served on 1/8/2019, answer due 1/29/2019. Service was accepted by Grisselle N., Authorized to Accept. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,, served. Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity) served on 1/8/2019, answer due 1/29/2019. Service was accepted by Grisselle N.. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity). (dnh) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity). (dnh) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Bronx Community College Public Safety Officer Investigator Angel Irizary in His Official and Individual Capacity; Bronx Community College Public Safety Officer Investigator Alexandra Torres In Her Official and Individual Capacity, re: #4 Complaint,,,,,. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Bronx Community College Public Safety Officer Lieutenant Saul Fraguada In His Official and Individual Capacity; Bronx Community College Public Safety Officer Sergeant Pedro Soto In His Official and Individual Capacity; Bronx Community College Public Safety Officer Corporal Sixto Velasquez In His Official and Individual Capacity, re: #4 Complaint,,,,,. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 12 NOTICE OF PARTICIPATION IN LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) : Unless otherwise ordered, this case shall participate in the Southern District of New York's Local Civil Rule 83.10. Please reference the Court's website, www.nysd.uscourts.gov, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(mf) |
| Transmission to Mediation Clerk. Transmitted re: #11 Order on Motion for Extension of Time, to the Mediation Clerk for case processing. (ama) |
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Filing 11
ORDER: granting #10 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/13/2018) (ama)
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| Filing 10 CONSENT LETTER MOTION for Extension of Time Defendants Respectfully Request That the Court Designate This Action as a Plan Case Pursuant to Local Civil Rule 83.10 and That Defendants' Date to Answer or Otherwise Respond to the Complaint Be Set for 60 Days From When the 160.50 Release Is Served on the City addressed to Judge Naomi Reice Buchwald from Nakul Y. Shah dated November 9, 2018. Document filed by City Of New York, New York City Police Department.(Shah, Nakul) |
| Filing 9 NOTICE OF APPEARANCE by Nakul Y Shah on behalf of City Of New York, New York City Police Department. (Shah, Nakul) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,, served. New York City Police Officer Detective William Seligson served on 10/26/2018, answer due 11/16/2018. Service was accepted by LT. Reddington, Lieutenant in Front Desk. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,, served. New York City Police Department served on 10/25/2018, answer due 11/15/2018. Service was accepted by P.O Mcgrath, Authorized to Accept. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,, served. City Of New York served on 10/25/2018, answer due 11/15/2018. Service was accepted by Betty Mazyck, Clerk Authorized to Accept. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson in his official and individual capacity. (pne) |
| Filing 4 COMPLAINT against Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Official Capacity), Bronx Community College Public Safety Officer Corporal Sixto Velasquez(In His Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Individual Capacity), Bronx Community College Public Safety Officer Investigator Alexandra Torres(In Her Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Official Capacity), Bronx Community College Public Safety Officer Investigator Angel Irizary(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Individual Capacity), Bronx Community College Public Safety Officer Lieutenant Saul Fraguada(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Official Capacity), Bronx Community College Public Safety Officer Sergeant Pedro Soto(In His Individual Capacity), Bronx Community College Public Safety Officers John Does #1-6(In Their Individual Capacities), Bronx Community College Public Safety Officers John Does #1-6(In Their Official Capacities), City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, New York City Police Officer Detective William Seligson. Document filed by Shamar Turner.(Abiboutros, Sara) |
| Case Designated ECF. (pne) |
| Magistrate Judge Katharine H. Parker 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sara Lynn Abiboutros. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331fa; Fee Status code due (due). The following corrections have been made to your case entry: the Cause of Action code has been modified to 42:1983cv; the Fee Status code has been modified to pd (paid). (pne) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Bronx Community College Public Safety Officer Corporal Sixto Velasquez, Bronx Community College Public Safety Officer Investigator Alexandra Torres, Bronx Community College Public Safety Officer Investigator Angel Irizary, Bronx Community College Public Safety Officer Lieutenant Saul Fraguada, Bronx Community College Public Safety Officer Sergeant Pedro Soto, Bronx Community College Public Safety Officers John Does #1-6, City Of New York, New York City Police Department, New York City Police Officer Detective William Seligson, Bronx Community College Public Safety Officer Corporal Sixto Velasquez, Bronx Community College Public Safety Officer Investigator Alexandra Torres, Bronx Community College Public Safety Officer Investigator Angel Irizary, Bronx Community College Public Safety Officer Lieutenant Saul Fraguada, Bronx Community College Public Safety Officer Sergeant Pedro Soto, Bronx Community College Public Safety Officers John Does #1-6, New York City Police Officer Detective William Seligson added. Party added pursuant to #1 Complaint,,,.Document filed by Shamar Turner. Related document: #1 Complaint,,,.(Abiboutros, Sara) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sara Lynn Abiboutros. The party information for the following party/parties has been modified: Bronx Community College Public Safety Officer Corporal Sixto Velasquez, Bronx Community College Public Safety Officer Investigator Alexandra Torres, Bronx Community College Public Safety Officer Investigator Angel Irizary, Bronx Community College Public Safety Officer Lieutenant Saul Fraguada, Bronx Community College Public Safety Officer Sergeant Pedro Soto, Bronx Community College Public Safety Officers John Does #1-6, New York City Police Officer Detective William Seligson, City Of New York, New York City Police Department. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text contained a typographical error. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sara Lynn Abiboutros to RE-FILE re: Document No. #1 Complaint,,,. The filing is deficient for the following reasons: all of the parties listed on the pleading were not entered on CM ECF; Bronx Community College Public Safety Officer Corporal Sixto Velasquez, Bronx Community College Public Safety Officer Investigator Alexandra Torres, Bronx Community College Public Safety Officer Investigator Angel Irizary, Bronx Community College Public Safety Officer Lieutenant Saul Fraguada, Bronx Community College Public Safety Officer Sergeant Pedro Soto, Bronx Community College Public Safety Officers John Does #1-6, New York City Police Officer Detective William Seligson must be added to CM ECF a second time, with party text "in his/their individual capacity/capacities"; all parties whom the pleading is against were not entered/selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** 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. (pne) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, The New York City Police Department, New York City Police Officer Detective William Seligson in His Official and Individual Capacity, re: #1 Complaint,,. Document filed by Shamar Turner. (Abiboutros, Sara) |
| Filing 2 CIVIL COVER SHEET filed. (Abiboutros, Sara) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Bronx Community College Public Safety Officer Corporal Sixto Velasquez, Bronx Community College Public Safety Officer Investigator Alexandra Torres, Bronx Community College Public Safety Officer Investigator Angel Irizary, Bronx Community College Public Safety Officer Lieutenant Saul Fraguada, Bronx Community College Public Safety Officer Sergeant Pedro Soto, Bronx Community College Public Safety Officers John Does #1-6, New York City Police Officer Detective William Seligson, The City Of New York,, The New York Police Department. (Filing Fee $ 400.00, Receipt Number ANYSDC-15780431)Document filed by Shamar Turner.(Abiboutros, Sara) Modified on 10/22/2018 (pne). |
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